Nithya Vasan Nair vs The District Collector
2021 Latest Caselaw 18023 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 2ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943
                    WP(C) NO. 11443 OF 2021
PETITIONER:

         NITHYA VASAN NAIR,
         AGED 31 YEARS,
         D/O. THERAMBATHU JAGANNIVASAN NAIR,
         804, AKARIA ARCADE, AYYAPPANKAVU,
         CHITTOOR ROAD, KOCHI 682 018

         BY ADVS.
         S.SHANAVAS KHAN
         S.INDU


RESPONDENTS:

    1    THE DISTRICT COLLECTOR,
         CIVIL STATION, THRISSUR 680 001
    2    THE REVENUE DIVISIONAL OFFICER,
         REVENUE DIVISIONAL OFFICE, THRISSUR 680 001
    3    THE TAHSILDAR,
         TALUK OFFICE, THRISSUR 680 001
    4    THE VILLAGE OFFICER,
         AYYANTHOLE VILLAGE,
         AYYANTHOLE,
         THRISSUR 680 302

         SRI.VIPIN NARAYANAN, GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 02.09.2021,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11443/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 2nd day of September, 2021

The petitioner is owner of 13.05 Ares of land in

Survey Nos.824/P and 825/P of Ayyanthole Village in Thrissur

District. The petitioner obtained the property as per Ext.P1

Settlement Deed. The petitioner would submit that earlier, the

predecessor-in-interest of the petitioner had approached the

RDO seeking for an order under Clause 6 of the KLU Order

and Ext.P4 order was passed permitting to convert an extent

of 20 cents of wetland into paramba for construction of

residential building. On 20.08.2017, the petitioner submitted

Ext.P5 application before the District Collector and the

Revenue Divisional Officer invoking Clause 6 of the Kerala

Land Utilisation Order, for using the land for other purposes

and for correction in Data Bank in tune with LLMC Report. WP(C) No.11443/2021

2. The petitioner would state that no orders have been

passed on Ext.P5 application so far. The petitioner had

approached this Court with W.P.(C) No.28463/2017. By

Ext.P6 judgment, this Court directed the petitioner to approach

the LLMC for removing the petitioner's land from Data Bank.

Pursuant to Ext.P6 judgment, the LLMC considered the issue

and as per Ext.P7 minutes, the LLMC decided that the land of

the petitioner can be deleted from the Data Bank. In view of

Ext.P7 minutes of the LLMC, the petitioner's application is

liable to be allowed, contended the learned counsel for the

petitioner.

3. The learned Government Pleader submitted that

Ext.P5 application submitted by the petitioner is pending

consideration before the RDO and that it is under process and

orders are likely to be passed thereon soon.

In such circumstances, the writ petition is disposed

of directing the 2nd respondent to consider Ext.P5 application

submitted by the petitioner under Clause 6 of the Kerala Land

Utilisation Order, taking into consideration the findings of the WP(C) No.11443/2021

LLMC as contained in Ext.P7 minutes. Orders in this regard

shall be passed within a period of three months.

Sd/-

N. NAGARESH, JUDGE

aks/02.09.2021 WP(C) No.11443/2021

APPENDIX OF WP(C) 11443/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.

1248 OF 2014 DATED 19-03-2014 OF AYYANTHOLE SUB REGISTRY OFFICE.

Exhibit P2            TRUE COPY OF THE LAND TAX RECEIPT DATED
                      12-11-2020    ISSUED    BY   THE     4TH
                      RESPONDENT.
Exhibit P3            TRUE COPY OF THE POSSESSION CERTIFICATE
                      DATED 20-01-2021 ISSUED BY THE 4TH
                      RESPONDENT.
Exhibit P4            TRUE COPY OF THE ORDER DATED 01-03-1993
                      OF THE 2ND RESPONDENT TYPED COPY
Exhibit P5            TRUE COPY OF THE APPLICATION UNDER

CLAUSE 6(2) KLUO DATED 20-08-2017.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 29-08-

2017 IN W.P(C) NO. 28463 OF 2017 OF THIS HON'BLE COURT.

Exhibit P7 TRUE COPY OF THE MINUTES OF THE MEETING DATED 24-07-2020 OF THE LOCAL LEVEL MONITORING COMMITTEE, THRISSUR CORPORATION.

Exhibit P8 TRUE COPY OF THE LETTER DATED 01-02-

2020 OF THE 2ND RESPONDENT.

SR